Legal or Compulsory Right of Way Flashcards
1
Q
What are the requisites of a legal or compulsory right of way?
A
Legal easement of right of way is an easement which has been imposed by law and not by the parties and it has “for its object either public use or the interest of private persons”. To be entitled to a legal easement of right of way, the following requisites must concur:
(1) the dominant estate is surrounded by other immovables and has no adequate outlet to a public highway;
(2) payment of proper indemnity;
(3) isolation was not due to acts of the proprietor of the dominant estate; and
(4) the right of way claimed is at the point least prejudicial to the servient estate.
(Woodridge School, Inc., et al. v. ARB Construction Co., Inc., G.R. No. 157285, February 16, 2007)
